This is an unofficial draft of Article 2B from April 15, 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm

(a) In this section, installment contract" means a contract in which the terms require or the circumstances permit the delivery of copies in lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.

(b) In an installment contract, the party receiving tender may refuse any installment which is non-conforming if the non-conformity is a material breach as to that installment and cannot be cured or if the non-conformity is a material defect in the any required documents. However, if the non-conformity does not fall within subsection (c) and the tendering party gives adequate assurance of its cure, the aggrieved party must accept that installment and may not cancel the whole contract if the tendering party timely completes the cure.

(c) Whenever non-conformity or default with respect to one or more installments is a breach that is material as to the whole contract, there is a breach as to the whole. However, the aggrieved party reinstates the contract if it accepts a non-conforming installment without seasonably notifying the party in breach of contract of cancellation or if the aggrieved party brings an action with respect only to past installments or demands performance as to future installments.

This Section derives from current Section 2-612 and Article 2A.